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STATE v. JIMENEZ

No. 27,848.

90 P.3d 461 (2004)

135 N.M. 442

2004-NMSC-012

STATE of New Mexico, Plaintiff-Respondent, v. Anthony L. JIMENEZ, Defendant-Petitioner.

Supreme Court of New Mexico.

March 31, 2004.

Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Sheila Lewis, Assistant Appellate Defender, Santa Fe, for Petitioner.

Patricia A. Madrid, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, for Respondent.

OPINION

MINZNER, Justice.

{1} We previously issued an opinion dismissing as moot the above-entitled and numbered appeal. The State timely filed a motion for rehearing pursuant to Rule 12-404 NMRA 2004. The State's motion is well-taken, so we withdraw our prior opinion and issue this opinion in its place. We (1) reverse the Court of Appeals' holding that Defendant was required to preserve the issue of whether he was...

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